scholarly journals DISABILITY, LAWS AND MODELS: AN OVERVIEW

2020 ◽  
Vol 2 (1) ◽  
pp. 50-54
Author(s):  
Shyam Ganvir ◽  
Ankita Arun Gundecha

There are various growing definitions and perceptions of disability. It leads to various complications leading to independency for all other activities of daily living, making occupational limitations and economically dependent. So there is a need to make them aware of various schemes available in India, for supporting them for various economic, pension and educational scholarship schemes. The rights and laws of persons with disabilities must, therefore, be understood and studied from a variety of perspectives, including human rights and various other laws in India, which will fill the gap or close the gap between persons with disabilities and persons with disabilities in their personal attainment in the true sense of the term. Throughout this research report, the writer puts a great deal of focus on the different legislative frameworks and regulations existing throughout our country and allows a comprehensive analysis on how such laws have led to the advancement of the legal status of people with disabilities in India.

2017 ◽  
Vol 18 (1) ◽  
pp. 21
Author(s):  
Khairil Azmin Mokhtar ◽  
Ikmal Hisham Md Tah

Persons with disabilities, either acquired or developed at some stages of his life due to factors such as injury and disease, are still a person with the same legal status and rights as individuals who do not have any disability. This paper, through conceptual and doctrinal analysis, explores the similarities and differences between human rights based’s approach and Shariah’s approach towards people with disability. People with disability have equal right to live and to have a noble livelihood. The Convention on Rights of People with Disabilities of the United Nations has adopted the concept of human rights-based approach which requires people with disability tobe treated in a proper way. The convention believes that this group should not be treated differently and given similar opportunity to be developed and progressed as any other human being. On the same note, Islam sees disability as morally neutral. It is seen neither as a blessing nor as a curse. Accordingly, disability is accepted as being an inevitable part of the human condition. It is simply a fact of life which has to be addressed appropriately by the society of the day. In Islam people with disabilities are not being arbitrarily segregated and being discriminated unjustly. They should be given equal opportunity to progress and develop their potential just like any other human being. The final analysis shows that there is harmonious interpretation between Western human right and Islamic jurisprudence to protect this minority.


Author(s):  
Lúcia Souza d'Aquino ◽  
Guilherme Mucelin

This work analyzes the evolution of private law, centered on individualism and totalizing codification, towards private law of solidarity, centered on solidarism, which valorizes the person before his particularities and his laws of protection. Thus, with the strengthening of constitutional principles and human rights, the disabled person is described, as a consumer, as hypervulnerable, worthy of specific protection, which will only be effective with the dialogue between the Consumer Protection Code and the Status of the Disabled Person. The research problem centers on how to protect the disabled person as a consumer from the plurality of standards that affect this relationship, in particular the Consumer Protection Code and the Status of Persons with Disabilities. Using a hypothetical methodology, it is assumed that the dialogue of sources method is the appropriate means to effectively protect people with disabilities in the consumer market


Author(s):  
Oliver Lewis ◽  
Soumitra Pathare

This chapter sets out the connection between disability and human rights, examining how persons with disabilities (including those with physical disabilities, sensory disabilities, psychosocial or mental health disabilities, and intellectual disabilities) are particularly vulnerable to exclusion and discrimination, leading to human rights violations across the world. It has been a long global struggle to recognize the rights of people with disabilities and realize the highest attainable standard of physical, mental, and social well-being, a struggle evolving across countries and culminating in the 2006 adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The provisions of the CRPD relate to three specific rights that are of particular importance to people with disabilities: legal capacity, the right to health, and the right to independent living. Yet, national implementation challenges remain, including finding space for mental health and disability in policymaking and developing models of service delivery that advance human rights.


2020 ◽  
pp. 129-151
Author(s):  
Hans Morten Haugen

The article examines recent understandings of vulnerability and exposedness, and studies proving that people with disabilities are more exposed to violence, discrimination, and various forms of exclusion. Diversity has been elevated as a value, both in societies and in churches. The UN Convention on the Rights of Persons with Disabilities (CRPD) is the only human rights treaty that names specific human rights principles, and one of these principles is diversity. There are also opposing trends to the enhanced recognition of diversity, summarized in three points: preservation of status quo; highlighting majority normality; and budgetary efficiency are given priority over empowering solutions. The Church of Norway, inspired by the World Council of Churches, wants to promote inclusion and empowerment, but is itself lagging behind, for instance in providing access to enabling technology.


2021 ◽  
Vol 2 (2) ◽  
pp. 169-178
Author(s):  
Risky Novialdi ◽  
Isvarwani Isvarwani ◽  
Fauzi Fauzi ◽  
Ilyas Ismail ◽  
Muammar Qadafi

Disabilitas menjadi topik permasalahan yang serius periode belakangan ini, hal tersebut dikarenakan penyandang disabilitas rawan akan berbagai tindakan diskriminasi secara fisik maupun mental, bahkan difabel rentan menjadi korban pelecehan seksual dalam ruang lingkup keluarga ataupun non difabel. Para disabilitas menghadapi berbagai problematika dalam kehidupan sehari-hari. Penyandang disabilitas seringkali di tolak dengan alasan keterbatasan mereka, bahkan ada beberapa yang menjadikan sehat jasmani dan rohani sebagai syarat utama untuk bisa mangakses bidang-bidang tertentu. Bahkan pelanggaran Hak Asasi Manusia (HAM) terhadap penyandang disabilitas masih dijumpai di lokasi sekitar. Kesenjangan yang diterima oleh penyandang disabilitas menjadi tekanan tersendiri bagi para difabel untuk memenuhi segala aspek kebutuhannya. Pemenuhan hak-hak disabilitas masih kurang diperhatikan, baik dalam sarana bangunan atau infastruktur, maupun fasilitas-fasilitas di tempat umum. Ketidaksetaraan juga terjadi dalam sektor pendidikan, lapangan pekerjaan, politik, dan aksesibilitas terhadap transportasi. Hal tersebut menunjukkan adanya perlakuan yang berbeda yang diterima oleh penyandang disabilitas terhadap layanan publik yang ramah bagi penyandang disabilitas.Disability has become a serious problem topic in recent times, this is because people with disabilities are prone to various acts of discrimination physically and mentally, even people with disabilities are vulnerable to being victims of sexual harassment within the family or non-disabled spheres. People with disabilities face various problems in their daily life. Persons with disabilities are often rejected on the grounds of their limitations, there are even some who make physically and mentally healthy as the main requirement to be able to access certain fields. Even human rights violations against persons with disabilities are still found in nearby locations. The gap that is accepted by people with disabilities is a separate pressure for people with disabilities to meet all aspects of their needs. Fulfillment of disability rights is still lacking in attention, both in building facilities or infrastructure, as well as facilities in public places. Inequality also exists in the sectors of education, employment, politics, and accessibility to transportation. This shows that there is a different treatment received by persons with disabilities towards public services that are friendly to persons with disabilities.


2014 ◽  
Vol 34 (4) ◽  
Author(s):  
Sarah Parker Harris ◽  
Randall Owen ◽  
Karen R Fisher ◽  
Robert Gould

<span style="font-family: Times New Roman; font-size: small;"> </span><p class="MsoNormal" style="margin: 0in 0in 3pt; text-align: justify; line-height: 150%; tab-stops: 6.5in; mso-layout-grid-align: none;"><span>Recent policy approaches in Australia, influenced by neoliberalism, have constrained the implementation of international disability rights at the national level. Within the neoliberal and human rights approaches to social policy, what is the lived experience of people with disabilities? In focus groups with people with disabilities and interviews with disability stakeholders in Australia, participants were asked about their experiences and perspectives of welfare to work programs. We analyzed the data by drawing on the United Nations Convention on the Rights of Persons with Disabilities as a framework. The analysis revealed tensions between the rights and responsibilities of citizens and the government, and a disconnection between policy discourse and policy practice. The results suggest that disability rights are jeopardized unless governments take responsibility to create the policy environment for rights-based policy to be implemented; including the equalization of opportunities, providing accessible information and communication about employment, and addressing the administration and process practices that employment service providers follow.</span></p><span style="font-family: Times New Roman; font-size: small;"> </span>


2020 ◽  
pp. 153944922094000
Author(s):  
Abbas H. Quamar ◽  
Mark R. Schmeler ◽  
Diane M. Collins ◽  
Richard M. Schein

Internet-Connected Assistive Devices (iCAD), like accessible smartphones, tablets, computers, and apps, have become an integral part of everyday functioning for people with disabilities (PWD). The objective of this article was to identify self-report assessments having the relevance and clinical applicability for assessing satisfaction with performing Instrumental Activities of Daily Living (IADL) for PWD using iCAD. An exploratory review was conducted to identify self-report assessments that were appropriate, practical, clinically fit, and psychometrically acceptable, for assessing satisfaction with performing IADLs for PWD using iCAD. Thirty-two IADL assessments were identified, of which six met inclusion criteria. Four of six assessments did not specifically address iCAD usage, while two assessments had limited relevance and clinical applicability, for assessing satisfaction with performing IADLs for PWD using iCAD. This review establishes the growing need for a self-report IADL assessment that has been specifically designed and validated for assessing satisfaction with performing IADLs for PWD using iCAD


2008 ◽  
Vol 28 (7) ◽  
pp. 959-978 ◽  
Author(s):  
JESÚS ROGERO GARCÍA ◽  
MARÍA-EUGENIA PRIETO-FLORES ◽  
MARK W. ROSENBERG

ABSTRACTAs people grow older in late life, their need for help with the activities of daily living increases. In Spain, those who need such help constitute about 20 per cent of the population aged 65 or more years. Support may be from formal care, informal care or both, and the type has different consequences for care receivers and their social networks. The aim of this paper is to examine the relationship between informal and formal care and the use of health services among older people in Spain. Using a sample of 1,148 respondents aged 65 or more years from the Spanish National Health Survey of 2003, we analysed the association between the sources of care (formal, informal, both, or no care) and the frequency of three types of health-care utilisation: hospitalisation, emergency services and medical consultations. After controlling for sex, age, level of difficulty in the activities of daily living, self-perceived health status, and social class, it was found that older people with disabilities who received neither informal nor formal care were more likely to consult physicians than those who received informal care, but that there were no significant relationships between the type of care and health-services utilisation. The findings provide new information about the consequences of the different types of care of older people with disabilities, and suggest specifically that informal care substitutes for some tasks usually done by health professionals.


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